Prosecution Insights
Last updated: October 02, 2026
Application No. 18/851,379

MEASUREMENT TIME DETERMINATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Sep 26, 2024
Priority
Mar 31, 2022 — nonprovisional of PCTCN2022084695
Examiner
SINGH, HIRDEPAL
Art Unit
Tech Center
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
970 granted / 1121 resolved
+26.5% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
26 currently pending
Career history
1140
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
54.5%
+14.5% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
10.4%
-29.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1121 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the preliminary amendment filed on 9/26/2024. Claims 1, 3, 4, 8, 11-15, 19, 23, 25, 26, 28, 29, 33, 36-38, 53 are pending and have been considered below. Claim Objections Claim 25 is objected to because of the following informalities: in line 2 of claim 25, “the positioning signals” should be changed to “the positioning signal” for consistency of claim language. Appropriate correction is required. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 3, 4, 8, 11-13, 25, 26, 28, 29, 33, 36-38, 53 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siomina et al. (US 2021/0120513). Regarding claims 1, and 53: Siomina discloses a system and method for a terminal (abstract; see figures), comprising: a processor (fig 3 [processor 86]); and a memory storing instructions executable by the processor (fig 3 [memory 88]; para 76-86,235); wherein the processor is configured to: receive positioning configuration information from a network-side device, wherein the positioning configuration information indicates at least two pieces of carrier frequency information of a positioning signal (para 14-15; para 116 {positioning measurements during the at least one measurement period}; para 123; para 124-126 {configured with first measurements (M1) that may require measurement gaps (MGP1) on one or more first carrier frequencies F1, and [0126] configured with second measurements (M2) that may require measurement gaps (MGP2) on one or more second carrier frequencies F2 …}; para 177-180; figs 11-14; para 194 {measurement gap pattern determined based on dense PRS configuration received from a network node …} [MG on carrier frequencies and gap patter based on PRS configuration essentially has carrier frequencies indicated for the measurements]); and receive a measurement time configuration parameter from the network-side device, wherein the measurement time configuration parameter indicates a measurement time of the positioning signal (para 153-155 [measurement time]; para 206 {determined measurement time period}; figs 16-19; and see throughout the disclosure). Regarding claim 3: Siomina discloses all of the subject matter as above and wherein the measurement time is one or more measurement gap (MG) sets, wherein receiving the measurement time configuration parameter from the network-side device comprises: receiving first indication information from the network-side device, wherein the first indication information indicates the one or more MG sets (para 118 {a set of MGP1 and MPG2 whose MG1 and MG2}; figures; and see throughout). Regarding claim 4: Siomina discloses all of the subject matter as above and wherein the first indication information comprises: a first radio resource control (RRC), wherein the first RRC indicates parameter information of each MG set; or a second RRC and a first medium access control unit (MAC CE), wherein the second RRC configures a plurality of MG identifications (IDs) and parameter information of a MG corresponding to each MG ID; and the first MAC CE indicates one or more activated MG IDs ([note: optional language]; see para 121 {receiving an indication or request from the WD 22 on the need of measurement gaps for performing RSTD measurements, where the indication/ request may be transmitted by the WD 22 via RRC}; and see throughout disclosure). Regarding claim 8: Siomina discloses all of the subject matter as above and sending first request information to the network-side device, wherein the first request information indicates a measurement gap (MG) request (para 19 {measurement gap pattern as a result of a request from the WD}; and throughout). Regarding claim 11: Siomina discloses all of the subject matter as above and receiving MG configuration information from the network-side device, wherein the MG configuration information comprises one or more MG identifications (IDs) and parameter information of a MG corresponding to each MG ID (para 156 {MGP ID #0, 1, 2 and 3}; para 157; and throughout disclosure). Regarding claim 12: Siomina discloses all of the subject matter as above and wherein the parameter information of the MG comprises at least one of a period, a slot offset, or a gap duration (para 20 {period according to the second measurement gap pattern by being configured to: adapt a duration of the at least one measurement gap}; and throughout disclosure). Regarding claim 13: Siomina discloses all of the subject matter as above and wherein in response to determining that one MG set is applicable to at least two carrier frequencies, positioning signals on different carrier frequencies are measured within different gap durations or within a same gap duration (para 22; para 89 {second measurement gap pattern is different from the first measurement gap pattern}; and throughout disclosure). Regarding claim 25: Siomina discloses all of the subject matter as above and wherein the positioning signals comprise a positioning reference signal (PRS) or other signals for positioning (para 14,18 [PRS]; figs; para 22,59,63,82; and throughout). Regarding claim 26: Siomina discloses a system and method for determining a measurement time, performed by a network-side device (see figures; abstract; node 16 in fig 3), comprising: sending positioning configuration information to a terminal, wherein the positioning configuration information indicates at least two pieces of carrier frequency information of a positioning signal (para 14-15; para 116 {positioning measurements during the at least one measurement period}; para 123; para 124-126 {configured with first measurements (M1) that may require measurement gaps (MGP1) on one or more first carrier frequencies F1, and [0126] configured with second measurements (M2) that may require measurement gaps (MGP2) on one or more second carrier frequencies F2 …}; para 177-180; figs 11-14; para 194 {measurement gap pattern determined based on dense PRS configuration received from a network node …} [MG on carrier frequencies and gap patter based on PRS configuration essentially has carrier frequencies indicated for the measurements]); and sending a measurement time configuration parameter to the terminal, wherein the measurement time configuration parameter indicates a measurement time of the positioning signal (para 153-155 [measurement time]; para 206 {determined measurement time period}; figs 16-19; and see throughout the disclosure). Regarding claim 28: Siomina discloses all of the subject matter as above and wherein the measurement time is one or more measurement gap (MG) sets, wherein sending the measurement time configuration parameter to the terminal comprises: sending first indication information to the terminal, wherein the first indication information indicates the one or more MG sets (para 118 {a set of MGP1 and MPG2 whose MG1 and MG2}; figures; and see throughout disclosure). Regarding claim 29: Siomina discloses all of the subject matter as above and wherein the first indication information comprises: a first radio resource control (RRC), wherein the first RRC indicates parameter information of each MG set; or a second RRC and a first medium access control control unit (MAC CE), wherein the second RRC configures a plurality of MG identifications (IDs) and parameter information of a MG corresponding to each MG ID; and the first MAC CE indicates one or more activated MG IDs ([note: optional claim language]; see para 121 {receiving an indication or request from the WD 22 on the need of measurement gaps for performing RSTD measurements, where the indication/ request may be transmitted by the WD 22 via RRC}; and see throughout disclosure). Regarding claim 33: Siomina discloses all of the subject matter as above and receiving first request information from the terminal, wherein the first request information indicates a measurement gap (MG) request (para 19 {measurement gap pattern as a result of a request from the WD}; and throughout). Regarding claim 36: Siomina discloses all of the subject matter as above and sending MG configuration information to the terminal, wherein the MG configuration information comprises one or more MG identifications (IDs) and parameter information of a MG corresponding to each MG ID (para 156 {MGP ID #0, 1, 2 and 3}; para 157; and throughout disclosure). Regarding claim 37: Siomina discloses all of the subject matter as above and wherein the parameter information of the MG comprises at least one of a period, a slot offset, or a gap duration (para 20 {period according to the second measurement gap pattern by being configured to: adapt a duration of the at least one measurement gap}; and throughout disclosure). Regarding claim 38: Siomina discloses all of the subject matter as above and wherein in response to determining that one MG set is applicable to at least two carrier frequencies, positioning signals on different carrier frequencies are measured within different gap durations or within a same gap duration (para 22; para 89 {second measurement gap pattern is different from the first measurement gap pattern}; and throughout disclosure). The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 53 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Si et al. (US 2023/0319771). Regarding claims 1, and 53: Si discloses a system and method for a terminal (abstract; see figures), comprising: a processor (figs 5,8,9; processor 801, 910 in figs 8-9); and a memory storing instructions executable by the processor (fig 5; figures 8-9 [memory 802,909]; para 13-17; para 314,320); wherein the processor is configured to: receive positioning configuration information from a network-side device, wherein the positioning configuration information indicates at least two pieces of carrier frequency information of a positioning signal (para 7-9; figures; para 106, partially reproduced herein with emphasis {frequency associated with the positioning measurement window … example, the frequency is a frequency of the PFL associated with the MG}; para 160 {frequency associated with the enabled MG, such as an ARFCN associated with the MG or a DL-PRS-pointA of the frequency layer associated with the MG}; para 117-118 {PRS configuration information, for example, PRS time domain and/or frequency domain information … configuration information of one or more positioning frequency layers, including but not limited to: a PRS bandwidth, a reference point (e.g., DL PRS pointA), a start PRB location, and a numerology. [0118] (12) BWP configuration information… frequency domain location information of a carrier on which a BWP is located (including a pointA, a start PRB, a numerology, a bandwidth, and the like of the carrier)…}; para 224); and receive a measurement time configuration parameter from the network-side device, wherein the measurement time configuration parameter indicates a measurement time of the positioning signal (para 117 {PRS time domain information includes but is not limited to: a PRS period, a PRS period offset, a PRS start location (absolute time or relative time), and consecutive PRS duration…}; para 120 { PRS window (absolute time or relative time … gNB determines an appropriate MG location based on an actual PRS location, and further indicates the MG location to the terminal…}; figures 2-4; and see throughout the disclosure). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 14,15,19,23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siomina et al. (US 2021/0120513) in view of Si et al. (US 2023/0319771). Regarding claim 14: Siomina discloses all of the subject matter as above except for specifically teaching that wherein the measurement time is one or more processing window sets, wherein receiving the measurement time configuration parameter from the network-side device comprises: receiving second indication information from the network-side device, wherein the second indication information indicates the one or more processing window sets. However, Si in the same field of endeavor discloses a system and method for positioning wherein the measurement time is one or more processing window sets, wherein receiving the measurement time configuration parameter from the network-side device comprises: receiving second indication information from the network-side device, wherein the second indication information indicates the one or more processing window sets (para 91;155; para 166 {plurality of positioning measurement windows}; figures; and throughout the disclosure). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Si in Siomina in order to provide positioning measurement to quickly trigger, activate, or configure the positioning measurement window, so that the terminal may quickly perform positioning measurement in the positioning measurement window [18] (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results). Regarding claim 15: Siomina discloses all of the subject matter as above except for specifically teaching that second indication information comprises a third radio resource control (RRC), wherein the third RRC indicates parameter information of each processing window set and a carrier frequency applicable to each processing window set. However, Si in the same field of endeavor discloses a system and method for positioning wherein the second indication information comprises a third radio resource control (RRC), wherein the third RRC indicates parameter information of each processing window set and a carrier frequency applicable to each processing window set (para 40-41; para 91;155; para 166,225; figs; and throughout disclosure). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Si in Siomina in order to provide positioning measurement to quickly trigger, activate, or configure the positioning measurement window, so that the terminal may quickly perform positioning measurement in the positioning measurement window [18] (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results). Regarding claim 19: Siomina discloses all of the subject matter as above except for specifically teaching that sending second request information to the network-side device, wherein the second request information indicates a processing window request; and receiving processing window configuration information from the network-side device, wherein the processing window configuration information comprises one or more processing window identifications (IDs) and parameter information of a processing window corresponding to each processing window ID; wherein the second request information is a second uplink medium access control control unit (MAC CE), and the second uplink MAC CE comprises one or more processing window IDs and a carrier frequency applicable to each processing window ID. However, Si in the same field of endeavor discloses a system and method for positioning wherein sending second request information to the network-side device, wherein the second request information indicates a processing window request; and receiving processing window configuration information from the network-side device, wherein the processing window configuration information comprises one or more processing window identifications (IDs) and parameter information of a processing window corresponding to each processing window ID; wherein the second request information is a second uplink medium access control control unit (MAC CE), and the second uplink MAC CE comprises one or more processing window IDs and a carrier frequency applicable to each processing window ID (para 79-86 [MAC CE, and MG identification]; figs; and throughout disclosure). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Si in Siomina in order to provide positioning measurement to quickly trigger, activate, or configure the positioning measurement window, so that the terminal may quickly perform positioning measurement in the positioning measurement window [18] (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results). Regarding claim 23: Siomina discloses all of the subject matter as above except for specifically teaching that wherein the parameter information of the processing window comprises at least one of a period, a starting slot value, a window duration, or a priority of the positioning signal within each processing window; wherein in response determining that one processing window set is applicable to at least two carrier frequencies, positioning signals on different carrier frequencies are measured within different window durations or within a same window duration. However, Si in the same field of endeavor discloses a system and method for positioning wherein the parameter information of the processing window comprises at least one of a period, a starting slot value, a window duration, or a priority of the positioning signal within each processing window; wherein in response determining that one processing window set is applicable to at least two carrier frequencies, positioning signals on different carrier frequencies are measured within different window durations or within a same window duration (para 39,90 [window, periodic]; figs; para 112 [start location of the positioning measurement window]; and throughout disclosure). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Si in Siomina in order to provide positioning measurement to quickly trigger, activate, or configure the positioning measurement window, so that the terminal may quickly perform positioning measurement in the positioning measurement window [18] (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ko (US 2025/0393021) discloses a system and method for measurement gap formation for positioning. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIRDEPAL SINGH whose telephone number is (571)270-1688. The examiner can normally be reached 8:00-5:00 M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached on (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HIRDEPAL SINGH/Primary Examiner, Art Unit 2631
Read full office action

Prosecution Timeline

Sep 26, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+12.3%)
2y 4m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1121 resolved cases by this examiner. Grant probability derived from career allowance rate.

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